New Mexico RLD Issues Compliance Order to Dispensary for Failure to Maintain Budtender Certification Records (June 2025)

New Mexico Handler Training Requirements

NMSA § 26-2C-7 and NMAC 16.8.2.28 require all cannabis establishment employees who handle cannabis or interact with consumers to complete a state-approved cannabis handler training course before commencing work. Licensees must maintain training completion records for all active employees and make them available for inspection on request.

Inspection Findings

On May 28, 2025, RLD compliance staff conducted a routine annual licensing inspection at the respondent's Albuquerque dispensary. The licensee provided an employee training log listing 11 active budtenders. Upon review:

• 3 budtenders had valid, current certification records (training completed within 24 months)
• 5 budtenders had certification records that had expired (training completed more than 24 months prior without renewal)
• 2 budtenders had no training records — their names appeared on the payroll roster but not on the training log
• 1 budtender was present on the sales floor at the time of inspection with no certification on file

Compliance Order Terms

RLD issued Compliance Order RLD-CCO-2025-0142 on June 5, 2025, requiring the licensee to:

1. Remove from cannabis-handling duties all employees without current certifications, effective immediately
2. Submit proof of current certifications for all active employees within 21 days
3. Implement a training calendar tracking system and designate a Compliance Officer responsible for annual training renewals
4. Submit a written compliance certification to RLD within 30 days

A civil monetary penalty of $5,000 was assessed for the handler certification violations.

Best Practice

Dispensaries should integrate handler certification tracking into their scheduling software so that expired certifications trigger automatic alerts to management at least 60 days before expiration.